TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 33

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3

4.

Any Contracting Party which wishes to avail itself of the right provided for in paragraph 3 of this Article shall, at the time of the deposit of its instrument of ratification or accession, transmit to the Secretary- General of the Council of Europe either a list of the offences for which extradition is allowed or a list of those for which it is excluded and shall at the same time indicate the legal provisions which allow or exclude extradition. The Secretary-General of the Council shall forward these lists to the other signatories.

5.

If extradition is subsequently excluded in respect of other offences by the law of a Contracting Party, that Party shall notify the Secretary- General. The Secretary-General shall inform the other signatories. Such notification shall not take effect until three months from the date of its receipt by the Secretary-General.

6. Any Party which avails itself of the right provided for in para- graphs 4 or 5 of this Article may at any time apply this Convention to offences which have been excluded from it. It shall inform the Secretary- General of the Council of such changes, and the Secretary-General shall inform the other signatories.

7.

Any Party may apply reciprocity in respect of any offences excluded from the application of the Convention under this Article.

ARTICLE 3

POLITICAL OFFENCES

1.

Extradition shall not be granted if the offence in respect of which it is requested is regarded by the requested Party as a political offence or as an offence connected with a political offence.

2.

The same rule shall apply if the requested Party has substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person's position may be prejudiced for any of these reasons.

3. The taking or attempted taking of the life of a Head of State or a member of his family shall not be deemed to be a political offence for the purposes of this Convention.

4.

This Article shall not affect any obligations which the Contract- ing Parties may have undertaken or may undertake under any other international convention of a multilateral character.